11 August 2014, Central government
The complainant submitted a request to the Ministry of Defence (MOD) which sought information about its handling of a previous freedom of information request. The MOD confirmed to the complainant that it held information falling within the scope of the request but it needed further time to consider the balance of the public interest test. To date, the MOD has failed to inform the complainant of its conclusions regarding the public interest test. By failing to do so the Commissioner has concluded that the MOD breached section 17(3) of FOIA. The Commissioner requires the public authority to provide the complainant with a substantive response to his information request. If the MOD decides to withhold any information then the complainant should be provided with a refusal notice giving a full explanation as to why the information will not be disclosed, including details of any public interest test considerations.
FOI 17: Upheld